Allowed

Tomi v. State of Kerala

Kerala HC16 Oct 2019Bail Appl./7386/2019

Case brief

AI extract

What is this about?

This court allowed a bail application filed by the second accused in a prosecution under the Abkari Act for possession of contraband. The court observed that the investigation had reached final stages and the accused had already undergone a significant period of detention.

What did the court decide?

The application is allowed; the applicant is released on bail on executing a bond for Rs. 50,000 with two sureties each for the like sum, subject to specific conditions.

Tomi Vs State of Kerala — Bail and Remand | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

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WEDNESDAY, THE 16TH DAY OF OCTOBER 2019 / 24TH ASWINA, 1941

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Bail Appl..No.7386 OF 2019

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CRIME NO.15/2019 OF ADIMALY EXCISE RANGE OFFICE, IDUKKI

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PETITIONER/ACCUSED:

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TOMI, AGED 48 YEARS S/O. OONACHAN, THAIPARAMBIL HOUSE, DEVIKULAM TALUK, MANNAMKANDAM VILLAGE, OZHUVATHADAM KARA, IDUKKI DISTRICT, KERALA 685 561.

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BY ADV. SRI.SHERRY J. THOMAS

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA, REPRESENTED BY EXCISE INSPECTOR, EXCISE RANGE OFFICE, ADIMALI, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM

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OTHER PRESENT:

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SRI. B.JAYASURYA SR. PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No.7386 OF 2019

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..2..

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ORDER

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This application is filed under Section 439 of the Cr.P.C.

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The applicant herein is the 2^nd accused in Crime No.15 of 2019 registered at the Adimali Excise Range under Sections 55(g) and 8(1) & (2) of the Abkari Act, 1077.

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On 15.6.2019, the applicant along with rest of the accused were allegedly found having in their possession 2 litres of arrack and 100 litres of Wash by the Excise Inspector, Adimali. The applicant was arrested on 20.09.2019 and was remanded.

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Heard the learned counsel appearing for the applicant and the learned Public Prosecutor.

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The case diary, which is made available, reveals that the investigation has progressed to the final stages. The prosecution has no case that the applicant is involved in any crimes of similar nature. Furthermore, it appears from the records that the accused Nos. 1 & 3 have already been enlarged on bail.

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..3..

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Bail Appl..No.7386 OF 2019

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Having regard to the nature and gravity of the allegations, the quantity of contraband seized, the period of detention undergone, the stage of investigation and attendant facts, I am of the view that the applicant can now be released on bail on conditions.

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In the result, this application will stand allowed. The applicant shall be released on bail on his executing a bond for Rs.50,000/(Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction. The above order shall be subject to the following conditions:

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1). The applicant shall appear before the Investigating Officer on all Saturdays between 9 a.m. and 11 a.m., for two months or till final report is filed, whichever is earlier.

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2). He shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.

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3). He shall not commit any offence while he is on bail.

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In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law.

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SD/-

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RAJA VIJAYARAGHAVAN V., JUDGE

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Bka/16.10.2019

Tomi v. State of Kerala

Case brief

What is this about?

What did the court decide?

Tomi v. State of Kerala

Case brief

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